In July the NDBC relied on article 33 to seek the dismissal of over 20 personnel from Iraqi courts, including judges. On March 1, a further six prosecution witness statements were read into the record without explanation. The procedural flaws identified by Human Rights Watch over the course of the Dujail trial undermine several of these fair trial guarantees, including: The dossier contains no indication that the investigative judge took any steps to verify any of the documents, or sought out information that would be relevant to determining the authenticity of the documents. Moreover, by denying the defendants the opportunity to call their own expert to offer an opinion, the court does not appear to have considered the requirements of equality of arms, insofar as one party should not be placed at a disadvantage in terms of its opportunity to present evidence. As noted above, of the 23 statements read on February 13, 13 had not been previously and were not subsequently disclosed to the defendants and their lawyers. As best Human Rights Watch can determine, a written copy of the charging document for each defendant was not provided to private defense counsel and the defendants until one week after the charging documents were read in court. They are not lawyers, they incite violence.
GERMANY JUDGMENT. 1. In the case of P.S. v. Germany.
The European Court of in an application (no. /96) against the If S. were to be examined, this would not contribute to a further clarification of the facts. Peers v Greece () 33 EHRR Perlala v Greece App. No. Plattform ' Ärzte für das Leben' v Austria () Series A No() 13 EHRR When s. 28 comes into force the cross-examination in some cases will take place In PS v.
Germany () App. No. /96 the European Court of Human.
After the resignation of the first presiding judge in the Dujail case discussed belowthe next most senior judge on the trial chamber, Judge Saeed al-Hammashi, was to take over as presiding judge. When the defense sought permission to bring additional witnesses, the presiding judge did not inquire into the relevance and materiality of each witness before refusing the request.
The absence of any training or instruction in international criminal law was evident in the failure of defense counsel to raise or discuss any relevant international criminal law principles during the course of the trial. The people or those who are around the official make him a dictator, and it is not just you. The footage, shown on Al-Arabiya television channel on May 30,shows al-Haydari addressing a commemoration ceremony in Dujail in August The court did maintain a video recording of all sessions, but using video footage to pinpoint witness testimony or trial events is significantly more time-consuming than using a verbatim transcript.
On March 15, during the taking of statements from the defendants, the prosecutor confronted defendant Taha Yassin Ramadan with a previously undisclosed document concerning the detention of individuals from Dujail, which Ramadan allegedly had signed.
v Germany  App. No. /96, ECtHR (20 Decemberunreported) Palastanga v Perkins  2 Cr App R (S) PS  EWCA CrimPS v Germany  Crim LRApplication no / Quinn  1 Cr App R R R (S) v Waltham Forest Youth Court () JP R. The case originated in an application (no.
/05) against the allegation of indecent act against a minor (a girl of twelve). On 22 April.
The disclosure of the dossier of evidence does not amount to adequate notice, because the dossier was not tailored to each defendant, and thus does not inform a defendant of the material facts related to his role that will be proved at trial.
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He did so without issuing a reasoned written decision and with no explanation except that he had decided that he had heard enough witnesses. These basic fair trial guarantees apply irrespective of whether the legal system of the country conforms to an adversarial model such as in the United States or the United Kingdom or an inquisitorial model such as in Iraq.
The procedural flaws identified by Human Rights Watch over the course of the Dujail trial undermine several of these fair trial guarantees, including: To be presumed innocent until proved guilty according to law; See, for example, Prosecutor v. The scheduling order may be amended on the application of either party, in the interests of justice.
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|The perjury cases against the four witnesses appear to have been referred to ordinary Iraqi criminal courts for prosecution, and Human Rights Watch is unaware of the status of these cases.
Rule 42 of the IHT Rules requires the prosecution to disclose, on a continuing basis, any evidence that mitigates the guilt of the accused. Al-Tikriti had complained that witnesses for him were scared to come forward to testify: He did so without issuing a reasoned written decision and with no explanation except that he had decided that he had heard enough witnesses. Blood slowly pours across it.